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12-06-2011 (Planning & Zoning) Minutes Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning& Zoning Commission Tuesday,December 6,2011—6:30 pm Wylie Municipal Complex—Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Chairman Phillip Johnston called the meeting to order at 6:31PM. Present with Chairman Johnston were, Vice-Chairman Commissioner Gilbert Tamez, Commissioner Ruthie Wright, Commissioner Matt Kirk, Commissioner Ramona Kopchenko, and Commissioner David Dahl. Commissioner Ron Smith was absent. Staff present was Renae' 011ie, Planning Director, Charles Lee, Senior Planner, and Mary Bradley, Administrative Assistant. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner David Dahl gave the invocation and Commissioner Kirk led the Pledge of Allegiance. CITIZENS COMMENTS Chairman Johnston opened the Citizens Participation. With no one approaching the Commissioners, Chairman Johnston closed the Citizens Participation. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the November 15, 2011,Regular Meeting. A motion was made by Commissioner Tamez, and seconded by Commissioner Dahl, to approve the minutes from November 15, 2011 Regular Meeting, as submitted. Motion carried 6—0. REGULAR AGENDA Public Hearing Minutes December 6, 2011 Wylie Planning and Zoning Board Page 1 of 5 1. Hold a Public Hearing and consider a recommendation to the City Council, amending the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor(PD-CC) District on approximately 33 acres, generally located at the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 Mr. Lee stated that the applicant is PM Realty Group. The property is located at the southwest corner of FM 544 and Sanden Boulevard. The property consists of 33 acres, and all but four acres is zoned Commercial Corridor (CC). The remaining four acres is zoned Business Government(BG). The surrounding properties are generally zoned Light Industrial. Bayco Industries is immediately to the south, and being used for industrial, light manufacturing and storage uses. Sanden Corporation, is located to the east across Sanden Boulevard, an industrial manufacturing and assembly campus. Both of these existing facilities are zoned Light Industrial. The property to the west is the Wylie Independent School District's practice fields for Wylie High School. The applicant is requesting to rezone the property to Planned Development-Commercial Corridor (CC) District to allow for a medical office campus. The initial phase (north of the natural channel) will consist of a two-story, 51,878 square foot medical facility providing 24-hour emergency medical care, medical care specialties and auxiliary medical offices. The City's Land Use Plan identifies this area as open space Floodway Overlay designation; however, the owner has raised the property's elevation out of 100 year floodplain. The recent realignment of the flood zone is reflected on the zoning exhibit and no structures are planned for that area. The applicant is offering to dedicate a portion of the property that is located within the flood zone to parkland, which the Parks Board recommends for approval. The parkland dedication is similar to that of the adjacent property, Bayco. Mr. Lee reviewed each item on the Planned Development Conditions with the Commissioners and the recommendations to approve subject to the following from Staff; The Planned Development Conditions maintain the 10 x 20 parking spaces size; adopting the Concept Plan as part of the ordinance; signage and signage materials subject to compliance with city's Building Code as determined by the Building Official; dedication of Floodway and Drainage Easement to the city at time of platting for future Parkland, open space and trail linkages as determined by the Parks Board; Helipad subject to F.A.A. requirements. Twelve notifications were mailed to property owners within 200 feet, two responses were returned favoring the request. Chairman Johnston opened the Public Hearing. Minutes December 6, 2011 Wylie Planning and Zoning Board Page 2 of 5 Sam Satterwhite, Wylie Economic Development Director, spoke in favor of the request, and stated that the project and doing the flood study and removing part of the property out of the floodplain has been in the making for fifteen years. WEDC will provide an East and West turn lane off FM 544, and bury the overhead utilities. Mr. Satterwhite encouraged the Commissioners to consider the entire site and not just a portion. Kerry Burden, PM Realty Group, 2828 Routh Street, Suite 700, Dallas, applicant for the proposed zoning change, gave a presentation to the Commissioners stating that the project has been in the making for about five years. The medical facility is needed in Wylie, the location was not determined until recently. Mr. Burden emphasized that the facility will be opened 24-hours, a full scale emergency room, with ability to stabilize a trauma patient before transporting to area hospital. The request for a helipad is important to transport and receive patients that are in serious condition. The Commissioners discussed in detail the size of the parking spaces. Mr. Burden stated that the parking spaces will be 20 spaces more than the required parking spaces in the Zoning Ordinance. The parking is based on ratio of 4 per 1000 and ample parking spaces for the handicap. 9x18 parking space size is the majority standard requirement for most surrounding cities. More people are driving the compact cars. We are trying to pull people from surrounding communities for medical services. People drive through Wylie but don't stop. The ratio for emergency room seeing patients is from 3:00PM to midnight and throughout the night, so after 5:00AM there will not be that many patients parking. Commissioner Wright stated that the use is different than previous requests, therefore the density is different. Commissioner Dahl questioned for PD Conditions to be modified to restrict the one tract for 9x18 parking space sizes. Ms. 011ie stated that the Commissioners do have that authority to modify, and specify that allowed use be medical and anything else would require amendments to the PD. Mr. Burden stated that they would not agree to specify the parking space sizes to one particular lot. They want to make a commitment to the community that will not be detrimental or inconsistent. But, if the specification is broad restricted, the next phases could be assisted living, nursing home or a hospital, the 9 x 18 parking space size is allowed. Ms. 011ie stated that we are seeing parking standards change around the country. In the mid-1980 to 1990's the standard parking size was 9 x 18. In the mid 2000's the magic number was 10 x 20. In a few years, every parking standard requirement within the Zoning Ordinance will probably be revised to be based on that user and not on a specific use. Mr. Richard Parker, 1255 E FM 544, owner of the 33 acres of the proposed request, spoke in favor of the request as presented. Chairman Johnston closed the Public Hearing. A motion was made by Commissioner Dahl, and seconded by Commissioner Wright, to recommend approval to the City Council, amending the zoning from Commercial Corridor (CC) and Business Government (BG) District to Planned Development- Commercial Corridor (PD-CC) District on approximately 33 acres generally located at the southwest corner of FM 544 and Sanden Boulevard; with the reference of Exhibit B Minutes December 6,2011 Wylie Planning and Zoning Board Page 3 of 5 Wylie Medical Business center; adopt staff recommendations of Adopting of Concept Plan as part of the ordinance; signage and signage materials subject to compliance with City's Building Code as determined by the Building Official; Dedication of Floodway and Drainage Easement to the City at time of platting for future Parkland, open space and trail linkages as determined by the Parks Board; Helipad subject to F.A.A. requirements. Motion carried 6- 0. 2. Hold a Public Hearing and consider amendments to Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 Ms. 011ie stated that the subject amendment is to Article 5 of the Zoning Ordinance presented in an effort to better define "Pawnshops" and where they are located throughout the city. The current ordinance does not take into account the definition as used by the Finance Code of the Texas State Statutes. Staff recommending the following amendments: Pawnshops — how they are defined and allowed Zoning District. Currently, they are allowed by right in the Community Retail (CR), Commercial Corridor (CC), Light Industrial (LI), Downtown Historic (DTH) and South Ballard Overlay (SBO) Districts. Currently, there is one existing Pawnshop on State Highway 78, and one going in within the DTH District. In looking within the State Law, a pawnshop cannot be required to seek a Specific Use Permit, and shall be allowed by right within at least one Zoning District. The proposed amendment will allow them by right within the Light Industrial District. In addition, the Finance Code will play into account on location of a pawnshop,which states: An original licensed pawnshop cannot be within two (2) miles from an existing licensed pawnshop. Furthermore,the relocation of a licensed pawnshop must be at least one (1) mile from an existing licensed pawnshop. Antique Shop, Secondhand Goods and Used Merchandise/Resale Shop/Consignment or Thrift Store. Currently, the Zoning Ordinance does not specify these uses; they are all within general merchandise broad category. Secondhand goods are spelled out in the Code of Ordinance, basically stating a retailer who sells secondhand goods, is defined as regulated goods, the owner must keep a receipt. The Ordinance gives the police authority to go inside the establishment to verify that they have receipts for the secondhand goods and not selling stolen goods. It does not state how long a person selling secondhand goods can be selling the product or where it can be displayed. This is different than a licensed pawnshop, this is where people purchase items from individual with the sole purpose to resale for profit. This is not to hinder business but to put safe guards in place, to control used items placed on a sidewalk for sale. Minutes December 6, 2011 Wylie Planning and Zoning Board Page 4 of 5 Commissioner Wright asked for clarification for additional provisions on Secondhand Goods to include the requirement for Specific Use Permit within NS District. Ms. 011ie stated yes, that needs to be corrected. Chairman Johnston opened the Public Hearing. Mr. Sam Satterwhite, WEDC Director, spoke in favor of amendments to the Zoning Ordinance, and recommended Heavy Industrial instead of Light Industrial. Chairman Johnston closed the Public Hearing. Commissioner Dahl expressed opposition of restricting the Pawnshops within only the Heavy Industrial, and spoke in favor for allowing within Light Industrial. A motion was made by Commissioner Wright, and seconded by Commissioner Tamez, to recommend approval to City Council to amend Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (retail, Personal Services and Commercial), as it pertains to permitted uses in Non-Residential Districts, with correction to include additional provisions for Secondhand Goods to include SUP required in NS District. Motion carried 6-0. Commissioner Dahl requested that parking standards be brought before the Commissioners next year. ADJOURNMENT A motion was made by Commissioner Dahl, and seconded by Commissioner Wright, to adjourn the meeting at 8:17PM. All Commissioners were in consensus. 1.3`� Philip J , airman ATTEST: (rno, d 1�ra n Ma!y ,Brdley,Adminis tive Assistant Minutes December 6, 2011 Wylie Planning and Zoning Board Page 5 of 5